16 U.S. Code § 833h - Personnel; appointment and compensation

The Secretary of the Interior, the Secretary of the Army, and the Secretary of Energy, respectively, shall appoint such attorneys, engineers, and other experts as may be necessary for carrying out the functions entrusted to them under this chapter, and shall fix the compensation of each of such attorneys, engineers, and other experts; and they may, subject to the civil-service laws, appoint such other officers and employees as may be necessary to carry out such functions and fix their salaries in accordance with chapter
51 and subchapter
III of chapter
53 of title
5. In the administration of this chapter the services of regular employees in the Bureau may be utilized and an equitable part of the salaries of such employees whose services are thus utilized may be charged by the Bureau to the operating costs of the power features of the Fort Peck project. The Bureau similarly may utilize and charge for facilities of the Bureau which economically can be used in connection with the administration of this chapter.

Provisions which authorized the Secretary of the Interior, the Secretary of the Army, and the Secretary of Energy to appoint such attorneys, engineers, and other experts as may be necessary for carrying out the functions entrusted to them under this chapter “without regard to the provisions of the civil-service laws”, and to fix their compensation “at not to exceed $7,500 per annum”, have been omitted as obsolete and superseded.

Such appointments are subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1,54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section
3301 of Title
5, Government Organization and Employees.

As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a),80 Stat. 632, and reenacted as chapter
51 and subchapter
III of chapter
53 of Title
5. Section
5102 of Title
5 contains the applicability provisions of the 1949 Act, and section
5103 of Title
5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.

“Chapter
51 and subchapter
III of chapter
53 of title
5” substituted in text for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, § 7(b),Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections
3010 to
3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

Power marketing functions of Bureau of Reclamation, including construction, operation, and maintenance of transmission lines and attendant facilities, transferred to Secretary of Energy by section
7152(a)(1)(E), (3) of Title
42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy.

“Secretary of Energy” substituted in text for “Federal Power Commission” pursuant to Pub. L. 95–91, § 301(b), which is classified to section
7151(b) of Title
42.

Executive and administrative functions of Federal Power Commission, with certain reservations, transferred to Chairman of such Commission, with authority vested in him to authorize their performance by any officer, employee, or administrative unit under his jurisdiction, by Reorg. Plan No. 9 of 1950, §§ 1,
2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under section
792 of this title.

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1,
2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

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